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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, February 24, 2009

7:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way

Tom Bates, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Gordon Wozniak

Preliminary Matters

Roll Call: 7:31 p.m. All present.

Ceremonial Matters:

Walden Center and School Day – February 28, 2009

Peace Corps Week is February 23 – March 2, 2009

Cesar Chavez Commemorative Period – March 20th – April 23rd

City Manager Comments: Celebration of Black History Month – South Berkeley Senior Center, Saturday, February 28 from 3-6 p.m.

Public Comment on Non-Agenda Matters: 3

Public Comment on Consent Calendar and Information Items Only: 4

Consent Calendar

Action: M/S/C (Worthington/Moore) to adopt Consent Calendar in one motion except as indicated:

2. Minutes for Approval (pdf)From: City ManagerRecommendation: Approve the minutes for the Council meetings of February 2, 2009 (Special Closed) and February 10, 2009 (Special Worksession and Regular)Financial Implications: NoneContact: Deanna Despain, City Clerk Department, 981-6900Action: Approved minutes as submitted. Abstain: Arreguin from February 2, 2009 minutes.

3. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (pdf)From: City ManagerRecommendation: For informational purposes, approve the request for proposals (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager's threshold will be returned to Council for final approval.Financial Implications: Sanitary Sewer Fund - $600,000Contact: Robert Hicks, Finance, 981-7300Action: Approved recommendation.

Authorizing the City Manager or his designee to execute a contract and any amendments with the State Department of Community Services and Development for the Low-Income Home Energy Assistance Program (LIHEAP) to receive revenues and provide weatherization and bill payment assistance to eligible residents of Berkeley, Albany, and Emeryville in the amount of $417,626 for the period January 1, 2009 through June 30,2010, and

Authorizing the City Manager to designate a representative to sign required fiscal and programmatic reports.

5. Contract: Planning Services - Vivian Kahn (pdf)From: City ManagerRecommendation: Adopt a Resolution authorizing the City Manager to amend the contract with Kahn/Mortimer Associates for planning services, increasing the contract amount by $30,000 for a total not-to-exceed $80,644.Financial Implications: See reportContact: Dan Marks, Planning and Development, 981-7400Action: Adopted Resolution No.64,357–N.S.

6. Amendment To Lease: Charles and Theresa Lee dba Michelle's Yogurt & Sweets At 2430 Durant Avenue, B (pdf)From: City ManagerRecommendation: Adopt a first reading of an Ordinance authorizing the City Manager to execute an amendment to a lease agreement that was authorized by Ordinance No. 6,500–N.S. (Exhibit "A"), with Charles and Theresa Lee doing business as Michelle's Yogurt & Sweets at 2430 Durant Avenue Berkeley, California for the purpose of changing their business hours from opening at 10:00 am to opening at 11:00 am.Financial Implications: NoneContact: Claudette Ford, Public Works, 981-6300Action: Adopted first reading of Ordinance No. 7,071–N.S. Second reading scheduled for March 10, 2009.

Council Consent Items

7. Clarification in Zoning Ordinance (pdf)From: Councilmember MaioRecommendation: Refer to the Manager and applicable commissions the inclusion, in the zoning ordinance, of an explanation of what provisions in the ordinance apply (the provisions in place when the application is deemed complete or the provisions in place when the final decision is made) when a project is approved.Financial Implications: NoneContact: Linda Maio, Councilmember, District 1, 981-7110Action: Approved recommendation.

8. Evaluation of Berkeley's Utilization of Richmond BUILD Program (pdf)From: Councilmembers Moore and AndersonRecommendation: That the City Manager conducts a comprehensive evaluation of Berkeley’s use of the Richmond BUILD Pre-apprenticeship Construction Skills & Solar Installation Training program using the most current data to determine: How many slots the City has available, how many of those slots are filled, how many individuals the City has graduated out of the program, how many have gotten jobs after graduation, retention time for those who have found employment out of the program, strengths and weaknesses of the program, and other pertinent information that would help in evaluating how effective the program is and to what extent that Berkeley placements in the program are translating into long-term employment. The City Manager should present the results of this evaluation within a month, in order to for the City Council to make appropriate decisions regarding funding allocations for the FY 2010/2011 budget, if necessary.Financial Implications: NoneContact: Darryl Moore, Councilmember, District 2, 981-7120Action: Approved recommendation.

9. Support of SR7 and HR5, Urging The Repeal of Prop 8 (pdf)From: Councilmembers Moore, Arreguin, Worthington and Mayor BatesRecommendation: Adopt a Resolution putting the City of Berkeley on record urging the repeal of Proposition 8 and supporting Senator Mark Leno and Assemblymember Tom Ammiano's bills, SR7 and HR5 respectively, that would put each of their State legislative bodies on record urging the repeal of Proposition 8 and declaring that the initiative was an improper revision to the California Constitution.Financial Implications: NoneContact: Darryl Moore, Councilmember, District 2, 510-981-7120Action: Adopted Resolution No. 64,358–N.S. Staff report amended to remove the word “extremists” from the background.

10. Proclamation Declaring February 28, 2009 as Walden Center and School Day in the City of Berkeley (pdf)From: Councilmember ArreguinRecommendation: Adopt a proclamation declaring February 28th, 2009 "Walden Center & School" Day in the City of Berkeley in recognition of their 50th Anniversary, celebrating five decades of creative teaching and joyful learning through arts and education at the corner of Dwight Way and McKinley St. in the heart of Berkeley.Financial Implications: NoneContact: Jesse Arreguin, Councilmember, District 4, 981-7140Action: Approved recommendation.

11. Enhancing Safety of Berkeley Residents by Requiring the Installation of Earthquake Shut-Off Valves (pdf)From: Councilmembers Wengraf and MaioRecommendation: Berkeley is located along the Hayward Fault and is identified as a likely area in California to experience a major seismic event. We are requesting that the City Manager return to the City Council with staff analysis and a recommendation on the possibility of requiring the installation of natural gas earthquake shut-off valves when there is new construction, at point of sale of homes, and when remodel projects exceed $20,000. In addition, suggestions for how Berkeley can offer incentives for residents to install automatic shut-off valves voluntarily should be included in the report.Financial Implications: UnknownContact: Susan Wengraf, Councilmember, District 6, 981-7160; Linda Maio, Councilmember, District 1, 981-7110Action: Approved recommendation.

12. Raising the Tibetan Flag in Solidarity With the Tibetan People for 50 Years in Exile (pdf)From: Councilmember WorthingtonRecommendation: Allow the Tibetan flag to be raised on the city flagpole on Tuesday March 10, 2009 to show solidarity with the people of Tibet and Tibetan support groups in commemoration of the Tibetan National Uprising Day.Financial Implications: NoneContact: Kriss Worthington, Councilmember, District 7, 981-7170Action: Approved recommendation. Abstain–Wozniak.

Action Calendar – Public Hearing

13. ZAB Appeal: 1820 Solano Avenue (pdf)Administrative Record (pdf)From: City ManagerRecommendation: Conduct a public hearing and adopt a Resolution to approve Use Permit 08-10000059 to allow general office use, excluding medical practitioners, in up to one existing ground floor tenant space with a maximum floor area of 1,520 square feet adjacent to street frontage (i.e. Suite B-1, B-2, C-1, or C-2), and to dismiss the appeal.Financial Implications: NoneContact: Dan Marks, Planning and Development, 981-7400

Public Testimony: The Mayor opened the public hearing. 4 speakers. M/S/C (Anderson/Wozniak) to close the public hearing.

Action: M/S/C (Capitelli/Moore) to direct staff to return to Council on March 24, 2009 with pedestrian-friendly office use options.

Action: M/S/C (Arreguin/Maio) to adopt first reading of Ordinance No.7,072–N.S. as amended to continue prohibition on Carryout Food Stores and remove prohibition on Quick Service Restaruants on University Avenue between Oxford Street and Martin Luther King Jr. Way in the C-1 General Commercial and C-2 Central Commercial Districts.

CommunicationsCouncil rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.